(A) No person shall patronize or operate any bottle club in the city, except on premises licensed for the retail sale of alcoholic liquor for consumption on the premises or as authorized and prescribed herein in division (B). Furthermore, no person shall sell at retail for consumption on the premises any nonalcoholic beverage or ice, knowing the same to be intended to be mixed with any alcoholic liquor, except on premises licensed for the retail sale of alcoholic liquor for consumption on the premises or as authorized and prescribed herein in division (B). For purposes of this section, a person who is present on the premises shall be presumed to be a patron.
(B) A bottle club or BYOB for consumption of alcoholic liquor on the premises of a business as a complement to the purchase/sale and consumption of tobacco products in said establishment shall be authorized under the following provisions:
(1) Only after a formal written approval memorialized in a Plan of Operation is approved and granted by the local liquor commissioner, may the establishment provide such an offering to the public;
(2) The business must be licensed by the State of Illinois and the city to operate as a retail tobacco store as defined by the Smoke Free Illinois Act, 410 1LCS 82/1, et seq. as so amended, and must be located in a freestanding building, not connected to other businesses or buildings;
(3) The business offering the BYOB service must provide a designated storage area for members to store the unconsumed alcoholic products;
(4) The hours of BYOB service shall occur only during the hours that the business establishment is open for business to the public and/or members, and in no event earlier than 10:00 a.m. or later than 11:00 p.m., unless special permission is granted by the local liquor commissioner for extended hours for special events or circumstances;
(5) Consumption of alcohol shall not occur in the retail area of the retail tobacco store;
(6) The licensee shall only permit BYOB to occur on the premises in conjunction with the purchase and consumption of tobacco products on the licensed premises;
(7) Glassware and ice to patrons may be provided and a corkage fee be charged for uncorking or opening the bottle, or for pouring of the alcoholic beverage for the patron's consumption. All employees who perform corkage duties shall be BASSETT trained and shall serve the alcohol as if it was purchased in the establishment complying with all state and local laws;
(8) The retail sale of alcohol shall be strictly prohibited and the give away of alcohol by the business and its employees shall be prohibited as prescribed in § 111.22 of this chapter;
(9) It shall be unlawful for any person to carry, transport or possess liquor in an unsealed and open condition, except as permitted for wine bottles from restaurants under the Illinois Liquor Control Act, 235 ILCS 5/6-33, which allows a liquor licensed establishment to permit a patron to remove one unsealed and partially consumed bottle of wine, provided the bottle shall be placed into a one-time use, see-through, sealable, tamper-proof bag which has been sealed by the restaurant licensee and affix either within or to the bag, a dated receipt for the bottle of wine and proof of purchase of at least one meal;
(10) An annual certificate of insurance reflecting coverage for general liability purposes naming the City of Lockport as an additional insured on the property owner or business operator's policy;
(11) The licensee shall hold harmless the city, its agents, employees, elected and appointed officials from any and all claims or causes of action arising out of the consumption of alcoholic liquor on the premises;
(12) Payment of an annual fee of $1,000 due on or before January 1 of each year; and
(13) Any other conditions imposed and deemed appropriate under the Plan of Operation. Such Plan of Operation may be reviewed annually and so modified by the local liquor control commissioner.
(Ord. 23-001, passed 1-18-23)